Kerala High Court
Bail Appl./8408/2015 of SHYAMSUNDAR Vs STATE OF KERALA on 29 December 2015
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 29TH DAY OF DECEMBER 2015/8TH POUSHA, 1937 Bail Appl..No. 8408 of 2015 () ------------------------------- CRIME NO. 143/2015 OF HOSDURG EXCISE RANGE OFFICE, KASARGOD PETITIONER: --------------
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
TUESDAY, THE 29TH DAY OF DECEMBER 2015/8TH POUSHA, 1937
Bail Appl..No. 8408 of 2015 ()
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CRIME NO. 143/2015 OF HOSDURG EXCISE RANGE OFFICE, KASARGOD
PETITIONER:--------------
SHYAMSUNDAR, AGED 63 YEARS,S/O. AMBU MANIYANI,MUTHIYAKKAL, PANAYAL VILLAGE,KASARGOD DISTRICT.
BY ADV. SRI.A.ARUNKUMAR
RESPONDENTS:
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1.STATE OF KERALA - REPRSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM - 682 031.
2.THE STATION HOUSE OFFICER,(CR. NO.143 OF 2015 OF HOSDURG EXCISE RANGE,KASARAGOD DISTRICT) PIN: 671 314.
R BY SMT. V. H. JASMINE, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Dated this the 29[th] day of December, 2015.
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure.
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2. When the petition came up for hearing, the learned counsel for the petitioner has submitted before me that the allegation is that the petitioner was in possession of 1.8 litres of Indian Made ForeignLiquor. It is the submission that in Kerala, for possessing threelitres of Indian Made Foreign Liquor, no permit is necessary. It isalso the submission by the counsel for the petitioner that theallegation is that it was for sale only in Karnataka. It is the furthersubmission that it was an opened bottle and the allegation is notcorrect.
3. I heard the learned Public Prosecutor.
4. The prosecutor submitted before me that even though the counsel for the petitioner submitted that it is Indian Made ForeignLiquor, it cannot be treated as Indian Made Foreign Liquor as perthe Rules framed under the Kerala Abkari Act. It is the submissionthat it can only be treated as illicit liquor or it is a liquor imported from outside Kerala. It is also submitted that the burden is upon himto prove that it is not illicit liquor, but Indian Made Foreign Liquorpurchased from Kerala.
5. After considering the rival contentions and considering thequantity of the liquor involved, I am of the opinion that bail can begranted at this stage. Accordingly, the petitioner shall be released onbail on executing a bond for `25,000/- (Rupees twenty five thousandonly) with two solvent sureties each for the like sum to thesatisfaction of the court below. The petitioner shall appear before theInvestigating Officer on all Saturdays and Wednesdays in between 10am and 12 noon for a period of one month and thereafter on allSaturdays for a period of one month. The petitioner shall not commitsimilar offences during the bail period. The petitioner shall co-operate with the investigation. The petitioner shall not influence orintimidate the witnesses.
With the above conditions, the Bail Application is allowed.
sd/- K. P. JYOTHINDRANATH, JUDGE.
rv
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